If you or someone you love, such as your child, was a victim of sexual abuse in Garland, Texas, you may have grounds to file a civil action against the abuser or another party for damages. Sexual abuse is a criminal offense, but cases involving sexual abuse are not exclusive to criminal court. In civil court, victims may recover financial awards for their sexual abuse-related damages.
At D. Miller & Associates, PLLC®, we can assign a sexual abuse lawyer serving Garland, Texas, to your case to represent you, then guide you throughout the litigation. Our team has won over $250 million in settlements and verdicts since becoming an established firm in 2002. We will listen to your story in a free consultation, then strategize how to build your case against the defendant.
Who May Be Held Responsible for Sexual Abuse?
The person who commits the sexual abuse can be held responsible for their actions. However, in many cases, it may be more viable for the plaintiff to go after the institution the abuser is connected with to pursue their financial recovery. This is especially true if it is discovered that the institution took measures to cover up the sexual abuse or didn’t take enough measures to protect people from harm.
Some examples of institutions that may be held responsible for sexual abuse damages include:
- Businesses and corporations, such as the plaintiff’s workplace
- Educational institutions, from elementary schools to universities and colleges
- Youth organizations, such as sports clubs for children
- Nonprofit organizations
- Daycares, aftercare programs, and other childcare programs
- Healthcare facilities, including urgent care facilities and private practice offices
- Assisted living facilities and nursing homes
- Correctional facilities, including juvenile detention centers and youth correctional programs
- Religious institutions and religious-affiliated programs, such as Bible study groups and youth programs
Our firm will identify whether any institutions may be held responsible for your sexual abuse, then advise you on whether it is viable to pursue a case against them.
Institutional Sexual Abuse Responsibility
Institutions may hold responsibility for sexual abuse if they:
- Failed to perform any or adequate background checks and other screening measures before hiring employees
- Hired an employee despite their criminal record showing a history of sexual offenses or other illegal behavior that could put others at risk of harm
- Failed to train employees and related staff about how to handle sexual abuse
- Failed to supervise employees who would have direct interactions with customers, children, elder residents, etc.
- Failed to enforce guidelines on how to handle sexual abuse
- Failed to investigate the sexual abuse allegations and tried to have the situation “resolve itself”
- Attempted to resolve a sexual abuse case by transferring the abusive employee instead of firing them for misconduct
- Creating a hostile environment that retaliates against victims coming forward with their sexual abuse allegations, ultimately protecting abusers instead of victims
There may be other examples of how an institution acted negligently. It is our task to confirm these reasons and build your case argument around them so you could recover your damages.
Victims Can Pursue Financial Recovery for Damages They Suffered
Sexual abuse cases follow personal injury or tort law, which allows plaintiffs to recover damages caused by their sexual abuse. For many victims, sexual abuse can turn their lives upside-down, leading them to lose their job, lose close relationships, and even lose their inner peace if left untreated.
Our focus is to shed light on how deeply the sexual abuse you suffered affected your life. You may demand financial recovery for the following damages:
- Medical treatment costs
- Psychiatric or counseling costs
- Pain and suffering and inconvenience
- Post-traumatic stress disorder (PTSD) and other psychological responses, such as eating and sleeping disorders
- Substance use addiction and costs for drug rehabilitation
- Loss of income, including future loss of income
- Costs for prescription medicines
- Costs for psychiatric care
- Sexual dysfunctions, including erectile dysfunction
- Emotional anguish
- Permanent disability or physical disfigurement
- Contracting sexually transmitted infections (STIs), such as HIV/AIDS
- Overall diminished quality of life
We will determine the financial goal to strive for when pursuing awards for your case so you may fairly recover your damages.
How a Sexual Abuse Lawyer Serving Garland Can Help You Prepare Your Case
Working with a sexual abuse attorney means you can leave our firm to handle the legal burden of building your case while you focus on your own self-healing. As your legal representatives, our team will:
- Lead a private investigation into your case to identify responsible parties, evidence materials, and key information
- Organize, prepare, and fill out legal paperwork
- Respond to messages on your behalf and handle other communications
- Consult expert witnesses who may provide testimony for your case
- Negotiate a potential settlement deal with the defendant if viable
- Present your case in front of a jury and petition for your financial recovery
- Give legal counsel whenever you have questions about your case
If you have further concerns, our team is available for contact on our website, by phone, and even on Facebook.
Texas Sets a Legal Deadline for All Sexual Abuse Cases
Texas Civil Practice and Remedies Code § 16.0045 sets legal deadlines for sexual abuse cases in Texas, which are:
- Victims of childhood sexual abuse have up to 30 years from the cause of action to submit their case.
- Victims of sexual abuse in their adulthood (18 years of age and older) have up to five years from the date of the sexual assault to file their case.
- Surviving families filing wrongful death actions on behalf of their late loved one can shift the filing period start date from the date of the sexual abuse to the date of their loved one’s death.
Our legal team will confirm your case’s deadline and take steps to ensure your case remains valid in court.
Have More Questions? Get a Free Consultation When You Call Our Firm
Our attorneys at D. Miller & Associates, PLLC® are always ready to help sexual abuse victims stand up to their abusers and any negligent institution to fight for their financial recovery. If you or a loved one wants to take legal action to hold a responsible party accountable for the damages they’ve caused, one of our sexual abuse lawyers serving Garland, Texas is ready to help you find your voice.
Call the number on our website to receive a free case evaluation. One of our team members will listen to your case and answer any questions you have, then begin creating your case file. Have more questions? We regularly host Facebook lives to answer client questions and remain accessible to all our clients once they sign on. Begin building your Garland, Texas case today.